successful-attack

2 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
19-38 Malcolm McGee v. United States Tenth Circuit 2019-07-03 Denied Response Waived california-law federal-sentence-enhancement felony-drug-offense recidivist-sentence-enhancement recidivist-sentencing resentencing retroactive-reduction sentence-enhancement state-post-conviction state-post-conviction-remedy state-prison-sentence successful-attack When does a state post-conviction remedy qualify as a 'successful attack' on a state prison sentence, such that a subsequent federal sentence enhancem…
18-1550 Gilberto Ramos v. United States Fourth Circuit 2019-06-19 Denied Response Waived due-process federal-sentence-enhancement federal-sentencing habeas judicial-review legal-remedy post-conviction-remedy prior-state-sentence proposition-64 resentencing retroactive-relief sentence-enhancement state-conviction state-post-conviction-remedy state-sentence successful-attack When does a state post-conviction remedy qualify as a 'successful attack' on a prior state sentence, such that a subsequent federal sentence enhanceme…